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BIRR v. STATE

No. 93-225.

878 P.2d 515 (1994)

Charles Edward BIRR, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

Rehearing Granted September 13, 1994.

Attorney(s) appearing for the Case

Public Defender Program, Leonard D. Munker, State Public Defender, Cheyenne, Defender Aid Program, Gerald M. Gallivan, Director, Michael D. Greear, Student Intern, Laramie, for appellant.

Joseph B. Meyer, Atty. Gen., Sylvia L. Hackl, Deputy Atty. Gen., D. Michael Pauling, Sr. Asst. Atty. Gen., Cheyenne, for appellee.

Before GOLDEN, C.J., and THOMAS, MACY, CARDINE, and TAYLOR, JJ.

GOLDEN, Justice.

Appellant Charles Edward Birr appeals the denial of his motion to vacate an aggravated robbery sentence which is to run consecutive to his life sentence for accessory to felony murder. Birr's challenge that the sentences violated constitutional double jeopardy provisions was rejected by this court's 1987 decision in Birr v. Wyoming, 744 P.2d 1117 (Wyo.1987). The Birr decision was overruled in Cook...

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